Chapter 9 - § 9.8 • ROLE OF COURT UPON COMPELLING ARBITRATION

• Jurisdiction: Colorado

§ 9.8 • ROLE OF COURT UPON COMPELLING ARBITRATION

Except as provided by statute and common law, pending the conclusion of arbitration, a valid and enforceable arbitration clause will divest a court of jurisdiction over any claims that the parties have agreed to submit to arbitration.⁶⁶ See §§ 9.6.1, 14.1, and 14.6.

When the court grants a motion to stay civil action and compel arbitration, and the plaintiff does not commence arbitration, the court may issue an order setting a deadline for so commencing, and stating that if not timely commenced, the civil action will be dismissed with prejudice.⁶⁷

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Notes:

^[66] Mountain Plains Constructors, Inc v. Torrez, 785 P.2d 928, 930 (Colo. 1990).

^[67] See Kargbo v. FedEx Ground Package Sys., Inc., 2012 U.S. Dist. LEXIS 95725, 2012 WL...